WILDLIFE ACT 1975 - SECT 72 Evidentiary matters

WILDLIFE ACT 1975 - SECT 72

    (1)     Subject to subsection (2), this Part is not intended to limit a discretion that a court has—

        (a)     to admit or exclude evidence in any proceedings; or

        (b)     to stay criminal proceedings in the interests of justice.

    (2)     In determining whether evidence should be admitted or excluded in any proceedings, the fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded if—

        (a)     the person was a participant acting in the course of an authorised operation; and

        (b)     the criminal activity was controlled conduct.

Division 2—Authorisation of controlled operations

New s. 73 inserted by No. 16/2004 s. 51.